 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, DC

Issued by the Department of Transportation on September 17, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2002-11985

__________________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated

(no additional confirming order will be issued in this matter).

Application of Atlas Air, Inc.  filed 9/10/04 for:

XX  Waiver of the dormancy condition applicable to certain of its
U.S.-Brazil all-cargo frequencies.

Atlas seeks a dormancy waiver for four of its ten U.S.-Brazil all-cargo
frequencies through December 31, 2004.  By Notice of Action Taken dated
September 25, 2003, in this docket, the Department granted Atlas a
dormancy waiver for four of its ten U.S.-Brazil all-cargo frequencies
through September 30, 2004.  Atlas now requests an extension through
December 31, 2004, of its current waiver of the 90-day dormancy
condition applicable to four of its ten U.S.-Brazil all-cargo
frequencies.  

In support of its waiver request here, Atlas states that it is
continuing to experience adverse market conditions in the U.S.-Brazil
all-cargo market.  In addition, Atlas notes that it has applied in
Docket OST-2004-17363 for Departmental approval for transfer of Atlas’
Brazil route authorities, including the related dormancy waiver here, to
Polar Air Cargo.  Atlas states that it is seeking an extension of the
dormancy waiver as the Department has not yet completed processing the
transfer request.  Atlas states that it would like to convey all ten of
its frequencies to Polar, which is interested in using them after the
unopposed route transfer request is acted upon by the Department.  In
this connection, Atlas states that a dormancy waiver extension would
preserve the status quo for three months while the route transfer
process is underway.  

Arrow Air filed an answer.  Atlas filed a letter.

Arrow states that it has not opposed the Atlas/Polar route transfer
request in Docket OST-2004-17363 provided that the Atlas/Polar request
does not adversely affect consideration of Arrow’s application for new
authority to serve Brazil.  In this regard, Arrow urges the Department
to act on its Brazil application in Docket OST-2003-16690.    

In its letter, Atlas states that it has completed polling all of the
carriers served and has received no objections.  Atlas states that Arrow
has used its answer as a vehicle to urge the Department to make a
decision on Arrow’s pending application in Docket OST-2003-16690. 
Atlas urges the Department to grant the requested dormancy waiver
extension expeditiously in view of the approaching dormancy deadline.   

Applicant rep:  Russell E. Pommer, 202-354-3843      DOT analyst:
Michael D. Bodman 202-366-9667

DISPOSITION

XX  Granted. (See below).

The above action was effective when taken: September 17, 2004, through
December 31, 2004.

Action taken by:  Paul L. Gretch, Director

		 Office of International Aviation

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  

XX Holder’s certificate of public convenience and necessity

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____________

Remarks:  We find that grant of Atlas’ request, in the particular
circumstances presented, is in the public interest.  However, we are
putting Atlas on notice that there should be no expectation that an
additional request will similarly be granted.  As is our policy in
considering dormancy waiver requests, we reserve the right to reexamine
whether grant of this waiver continues to be in the public interest. 
Any future request to extend the dormancy waiver for the frequencies at
issue here will have to be considered in light of the specific arguments
offered and responses thereto, and in the context of the circumstances
present at that time, including whether another carrier seeks to use the
frequencies at issue.

As to the issues raised by Arrow, we note that our action here extending
Atlas’ dormancy waiver will not affect the Department’s
consideration of Arrow’s application for new authority to serve Brazil
in Docket OST-2003-11690.  

________________________________________________________________________
____________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; and (2) grant of the authority was consistent with the public
interest.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the action taken in
this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp 

Atlas’ waiver from the dormancy condition is effective through
December 31, 2004.   As to any frequency with which Atlas does not begin
service by that date, its allocation with respect to that frequency will
expire automatically.   

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